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OFFICE OF THE ATTORNEY GENEP+L OF TE:XAS AUSTIN (paurDGyuuc~ -.- ;.j

. ..z Eonornblt3

L. 4. KOOdS StateSuperlntemlent of Publio Instrugtion '~.ustln,

Texas

: We have received yo $ < whichyou ask the opinion of Ing question: ,;; .< F.ots of the

:

I of the 'Rural hia Act

8. "It is herein specificallyprovided that ,0ub of the money appropriated~foreach 3ChOOl yQeT Of
: ‘L-. I

. . : I,f.:zo@le L. A. **VOOds,** Page 2 .

. the.bieIUIiWl the sm 

### Of l?our

t:illiOn,

ThreeRun

### areaend Fiftv Thousand Dollars (54,~350.000) is hereby sot aside for Salary Aia;..h;i& Humlr&d and nfentyThousand DollaM ($920,000) fOX IIiSh

School .Tuition;Three Killion, Thirty-nineThou&md ant%- wleutyDollars ($3,039,020) fox Transportation Aid; One hundred Thirteen Thousand,Mine fiundred and Scvonty Dollars ($113,9,70) for the edministration of this Act as provided herein;Right Thousand, Tuo Hundred Dollars ($3,200)for the operationof the school.

plant 

### aivi3ion

in the Department of. mucation, as pcmittcd, authorized,

### 3ua nppropriated in thegeneral DcparizontalAppropriation sill, 'forthe biennim endingAugust 31, 1043, Five Thousand Dollars ($5,000)for the Census Division in the De9axtnent of Xducation t,o be erpended by the director thereof on order of the JointLegislativeAdvisory Co.md.ttee for,cheoking and ap?rovlna school aemus rolls in seasonal labor not to exoeed forty cents (4OOg) per hour ~therefori Eight Thous~and

Dollw% ($8,000).forthe pdrpose of eqloying an auditor aud for sudh,otherand neaessnry expenses incident to the duties of the Joint Leeislstive

Adv$sory Coattee. Such auditor shall not reoeive.norethan Three Thousand, Six Hundred Doll~s ~($3,600)

per jr&r out of tho sum hereby allocated. The auditor and other authorizeden+ playoes shall be appointed by the Comittee and. their salary -and

necessary expenses be paid on order of said Committee and nil ouch exqloyees '

. nhall be unaer the aireot ewer*ision of 

### snia Committee or 

### its order. Each of the above namea a,U.ocations isfor each yaar of the biehnim.' balmoe under eithor of the

% .c ienn ua chs ot the end of the firrrt yee,r of I, Joint LwislntS.vcXdvisorg Comittee to .anyallocation hcrcin created and set UP." .(Tlndersours). .::
.

,. I

This aO,artmnt has held in Opinion 17'0. O-4609 that t!xprovZeionsof the Rural,Aid:Act (R.5, 288, Acts 47th Leg.) 122oainS

upon the Joint LeglslativcAdvisory Comittee the **au** thor1t.y

to edmi.niOtcr the 1~~3 ma in violation of Article 11,

.

:’ a,

, Essorable

L. A. IYoods

f Page 5 ‘- ,’ gootlon

1 of the Constitutionof Texas, and axe for that re3son uuoonstitutional. The. opinion also hold that the dgtles, powers, and fuuotionnof the Joint LeCislati:To’AdvlsOry Comittee, except the duty iDposed upon it toostudy the

### r;chool

lo;r;s of Texas in order that such laws my be recot~fied,

devolve upon and axe to be executedby the State .vderd of Education under Article XII of tho Act, “the sme ~8 if said Comitt,eehad not been created or authorized..V~

Under Sect1011

2. of Article XIII the appropriation itself is divided into seven allocatiooa,aud the Joint Legislative AdvisoryCommittee (9oard of Education) is authorized to transferany unexpendedbalance in either of the allocations at the end of,

the first year of the biennium to any allocation orcoted

and set up by,tho Act, ’ : An analogy nay b;K-dravk b&ween the’

appropriation uaderconsideration.and a lump su!a

appropriationfor several pur9oses.~

In the latter them is no clear cut or definite allocation

while in the fomer these in suoh.allocati~on with. theprovisionthat any unexpendedbalance in one of the seven dlvlsions

at the end of the first year of the bienuluel my bo transferred

to another @location: i.e., s#ent for another ;ur?ose. ,The.

Legislature attempted to authorize the Conaittee~to

make such a transfer; therefore, under Article )rII of the Act and Opinion I?o.04609, .suchauthority is vestedin and may be exorcisedby the State Board of Education. It followsthat your question is amplered,in the affimative; :

. Yours very truly